Sukhvir Singh and 2 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

Sukhvir Singh and 2 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicants to appear before the learned court below in pursuance of the order dated 21.06.2024 within one month; no coercive action against the applicants in pursuance of Case No. 35560 of 2024 until expiry of that one-month period; thereafter the concerned court to proceed as per law. Quashing of the charge-sheet/cognizance order was not granted.

Issue for consideration

Whether the charge-sheet no. 138 of 2023 dated 30.10.2023, the cognizance order dated 21.06.2024 and the entire proceedings of Case No. 35560 of 2024 (State vs. Tejpal Singh and others) arising out of Case Crime No. 180 of 2023 were liable to be quashed, and further proceedings stayed, on the basis of the compromise preferred by the informant (opposite party no. 2).

Court's answer

Applicants are directed to appear before the learned court concerned in pursuance to the order dated 21.06.2024 within one month from the date of this order.

Ratio / Principle

Till one month from the date of the order, no coercive action shall be initiated against the applicants in pursuance of Case No. 35560 of 2024; after the expiry of that period the learned concerned court is directed to proceed as per law.

Key takeaways

With the aforesaid observations, the application is disposed of.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.; Neutral Citation 2025:AHC:47983, order dated 4.4.2025) disposed of Application U/S 482 No. 534 of 2025 filed by Sukhvir Singh and 2 Others under section 482 Cr.P.C. seeking quashing of charge-sheet no. 138 of 2023 dated 30.10.2023, cognizance order dated 21.06.2024 and the entire proceedings of Case No. 35560 of 2024 (State vs. Tejpal Singh and others) arising out of Case Crime No. 180 of 2023, under sections 332, 353, 186, 504, 506, 427, 419, 420 I.P.C. and section 15(3) of the Indian Medical Council Act, P.S. Heempur Deepa, District-Bijnor, pending before the Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 2, Bijnor, on the basis of a compromise by the informant (opposite party no. 2, the Chief Medical Officer). A coordinate Bench (order dated 09.01.2025) had questioned how the CMO could compromise without prior permission of the Head of Department and summoned the Deputy CMO, who appeared on 19.03.2025; a compliance affidavit with application dated 25.03.2025 recorded withdrawal of the earlier compromise. The Court directed the applicants to appear before the trial court in pursuance of the order dated 21.06.2024 within one month, barred coercive action against them for that period, and directed the trial court to proceed as per law thereafter.

Neutral Citation No. - 2025:AHC:47983

Court No. - 74

Case :- APPLICATION U/S 482 No. - 534 of 2025

Applicant :- Sukhvir Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet no. 138 of 2023 dated 30.10.2023 as well as cognizance order dated 21.06.2024 including the entire proceedings of Case No. 35560 of 2024 (State vs. Tejpal Singh and others) arising out of Case Crime No. 180 of 2023, under sections 332, 353, 186, 504, 506, 427, 419, 420 I.P.C. and section 15(3) of Indian Medical Council Act, P.S. Heempur Deepa, District-Bijnor, pending in the Court of learned Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 2, Bijnor as well as to stay the further proceedings of abovementioned case on the basis of compromise preferred at the behest of informant i.e. opposite party no. 2.

Vide order dated 09.01.2025 passed by coordinate Bench of this Court, a precise query has been made that how the complainant being the Chief Medical Officer, posted at District Hospital Bijnor can enter into compromise without taking prior permission of the Head of Department. At the same time, personal appearance of Dr. Anil Kumar (Deputy Chief Medical Officer, Bijnor) was directed by the same order.

In pursuance to order dated 09.01.2025, Dr. Anil Kumar (Deputy Chief Medical Officer, Bijnor) appeared in person on 19.03.2025 before this Court, learned AGA prayed for and was granted two weeks' tim to do the needful in accordance with law, preferred at the behest of the complainant.

Today, compliance affidavit has been preferred at the behest of opposite party no. 2 through learned AGA after serving a copy of the same upon learned counsel for the applicants, which is taken

on record, by way of appending application dated 25.03.2025 through which the earlier compromise preferred at the behest of opposite party no. 2 also has been sought to be withdraw and the matter is posted for the next date fixed by learned Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 2, Bijnor.

Considering the facts and circumstances of the matter, applicants are directed to appear before the learned court concerned in pursuance to order dated 21.06.2024 within one month from today.

Till one month from today, no coercive action shall be initiated against the applicants in pursuance of Case No. 35560 of 2024 (State vs. Tejpal Singh and others) arising out of Case Crime No. 180 of 2023, under sections 332, 353, 186, 504, 506, 427, 419, 420 I.P.C. and section 15(3) of Indian Medical Council Act, P.S. Heempur Deepa, District-Bijnor. After the expiry of aforesaid period of one month, learned concerned court is directed to proceed as per law.

With the aforesaid observation, the application is disposed of.

Order Date :- 4.4.2025 #Vik/-

Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad